Bare ActsThe Waqf Act, 1995

Section 4

Subs

Amendment status not verified — confirm the current text below against the official source.

Subs. by s. 22, ibid., for clause (j) (w.e.f. 1-11-2013). 19 Provided further that where no such sanction is given by the Board, the reasons for doing so shall be recorded in writing.] (k) to administer the 1[Waqf] Fund; (l) to call for such returns, statistics, accounts and other information from the mutawallis with respect to the 1[waqf] property as the Board may, from time to time, require; (m) to inspect, or cause inspection of, 1[waqf] properties, accounts, records or deeds and documents relating thereto; (n) to investigate and determine the nature and extent of 1[waqf] and 1[waqf] property, and to cause, whenever necessary, a survey of such 1[waqf] property; 2[(na) to determine or cause to be determined, in such manner as may be specified by the Board, market rent of the waqf land or building;] (o) generally do all such acts as may be necessary for the control, maintenance and administration of 3[auqaf]. (3) Where the Board has settled any scheme of management under clause (d) or given any direction under clause (e) of sub-section (2), any person interested in the 1[waqf] or affected by such settlement or direction may institute a suit in a Tribunal for setting aside such settlement or directions and the decision of the Tribunal thereon shall be final. (4) Where the Board is satisfied that any 1[waqf] land, which is a 1[waqf] property, 4[has the potential for development as an educational institution, shopping centre, market, housing or residential flats and the like], market, housing flats and the like, it may serve upon the mutawalli of the concerned 1[waqf] a notice requiring him within such time, but not less than sixty days, as may be specified in the notice, to convey its decision whether he is willing to execute the development works specified in the notice. (5) On consideration of the reply, if any, received to the notice issued under sub-section (4), the Board, if it is satisfied that the mutawalli is not willing or is not capable of executing the works required to be executed in terms of the notice, it may, 5*** take over the property, clear it of any building or structure thereon, which, in the opinion of the Board is necessary for execution of the works and execute such works from 1[waqf] funds or from the finances which may be raised on the security of the properties of the 1[waqf] concerned, and control and manage the properties till such time as all expenses incurred by the Board under this section, together with interest thereon, the expenditure on maintenance of such works and other legitimate charges incurred on the property are recovered from the income derived from the property: Provided that the Board shall compensate annually the mutawalli of the concerned 1[waqf] to the extent of the average annual net income derived from the property during the three years immediately preceding the taking over of the property by the Board. (6) After all the expenses as enumerated in sub-section (5) have been recouped from the income of the developed properties, the developed properties shall be handed over to mutawalli of the concerned 1[waqf].

Section 4 – The Waqf Act, 1995 | DailyLaw.ai